Dy. CIT v. Zuari Estate Development and Investment Co. Ltd.

373 ITR 661Supreme Court of India2015#1882 most cited

What is Dy. CIT v. Zuari Estate Development and Investment Co. Ltd. authority for?

Reopening of assessment beyond four years under Section 147 requires strict satisfaction of conditions precedent, including fresh tangible material, and cannot be based on a mere change of opinion from the original assessment. Further, debatable or interpretational issues cannot be adjusted during processing under Section 143(1).

61

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2026.

Also referred to as

Dy. CIT v. Zuari Estate Development · Zuari Estate Development · reassessment beyond four years · Section 147 first proviso · change of opinion · tangible material for reopening · Section 143(1) processing scope · debatable interpretational issues 143(1)(a) · Kelvinator principle · charitable trusts Section 11

Also reported as

63 Taxmann.com 177236 Taxmann 1

Sections most often in play

Section 11Section 11(5)Section 12ASection 13Section 143(1)Section 143(1)(a)(ii)Section 154Section 80G

Issues it is cited on

first proviso to section 147within four yearsfresh tangible materialsection 55kelvinatorindexed cost of acquisitionlive linkregular assessmentdate of transferchange of opiniontangible materialsection 143(1)(a)

Judgments citing Dy. CIT v. Zuari Estate Development and Investment Co. Ltd.

Nitan Chhatwal, Mumbai vs. DCIT CC -5(4), Mumbai

In the result, the appeal of the assessee in ITA

ITA 6422/MUM/2019[2011-12]Status: DisposedITAT Mumbai25 Oct 2021AY 2011-12

Bench: Shri Rajesh Kumar, Am & Shri Ravish Sood, Jm

For Appellant: Shri Rahul RamanFor Respondent: Shri Mani Jain
Section 132Section 143(3)Section 147Section 148Section 148(2)Section 14A

…essment by examining the very return/documents accompanying the return. Refer Indulata Rangwala vs DCIT (2016) 286 CTR (Del) 474, CIT vs Rajesh Jhaveri Stock Brokers P. Ltd. (2007) 291 ITR 500(SC), DCIT vs Zuari Estate Development & Investment Co. Ltd. (2015) 373 ITR 661(SC). 4.9. When no finding either positive or negative is arrived at during the course of original assessment proceedings, there is no question of change of opinion- refer - A.L.A. Firm vs, CIT 102 ITR 622 (Madras), Ess Kay Engineering Company (P) Ltd. vs. CIT 247 ITR 818 (SC) and EMA India Ltd. vs. ACIT (30 DTR 82) (Allahabad). Assessment u/s 14…

DCIT-CC-5(4), Mumbai vs. Shri Nitan Chhatwal, Mumbai

In the result, the appeal of the assessee in ITA

ITA 6351/MUM/2019[2011-12]Status: DisposedITAT Mumbai25 Oct 2021AY 2011-12

Bench: Shri Rajesh Kumar, Am & Shri Ravish Sood, Jm

For Appellant: Shri Rahul RamanFor Respondent: Shri Mani Jain
Section 132Section 143(3)Section 147Section 148Section 148(2)Section 14A

…essment by examining the very return/documents accompanying the return. Refer Indulata Rangwala vs DCIT (2016) 286 CTR (Del) 474, CIT vs Rajesh Jhaveri Stock Brokers P. Ltd. (2007) 291 ITR 500(SC), DCIT vs Zuari Estate Development & Investment Co. Ltd. (2015) 373 ITR 661(SC). 4.9. When no finding either positive or negative is arrived at during the course of original assessment proceedings, there is no question of change of opinion- refer - A.L.A. Firm vs, CIT 102 ITR 622 (Madras), Ess Kay Engineering Company (P) Ltd. vs. CIT 247 ITR 818 (SC) and EMA India Ltd. vs. ACIT (30 DTR 82) (Allahabad). Assessment u/s 14…

Sh. Valmik Thapar, New Delhi vs. ACIT, New Delhi

Appeals are disposed of by this common order as indicated above

ITA 5767/DEL/2015[2007-08]Status: DisposedITAT Delhi11 Jun 2021AY 2007-08

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

For Appellant: Shri Salil AgarwalFor Respondent: Shri H. K. Choudhary, CIT DR
Section 143Section 147Section 54Section 54E

…ision of the honourable Supreme Court in case of Asst Commissioner of income tax versus Rajesh Jhaveri stockbrokers private limited (2007) 291 ITR 500 (SC) and Deputy Commissioner Of Income Tax Versus Zuari EState Development And Investment Company Ltd (2015) 373 ITR 661 (SC). It can also not be a case that the assessing officer can reopen the assessment for whatever reason is preposterous. Further merely because no assessment is made u/s 143 (3) of the act in case of an assessee it does not give the assessing officer carte blanche to issue reopening notice. Therefore in the cases, where the return is only proces…

ACIT, New Delhi vs. Sh. Valmik Thapar, New Delhi

Appeals are disposed of by this common order as indicated above

ITA 6726/DEL/2014[2010-11]Status: DisposedITAT Delhi11 Jun 2021AY 2010-11

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

For Appellant: Shri Salil AgarwalFor Respondent: Shri H. K. Choudhary, CIT DR
Section 143Section 147Section 54Section 54E

…ision of the honourable Supreme Court in case of Asst Commissioner of income tax versus Rajesh Jhaveri stockbrokers private limited (2007) 291 ITR 500 (SC) and Deputy Commissioner Of Income Tax Versus Zuari EState Development And Investment Company Ltd (2015) 373 ITR 661 (SC). It can also not be a case that the assessing officer can reopen the assessment for whatever reason is preposterous. Further merely because no assessment is made u/s 143 (3) of the act in case of an assessee it does not give the assessing officer carte blanche to issue reopening notice. Therefore in the cases, where the return is only proces…

Shri Valmik Thapar, New Delhi vs. DCIT, New Delhi

Appeals are disposed of by this common order as indicated above

ITA 6346/DEL/2014[2010-11]Status: DisposedITAT Delhi11 Jun 2021AY 2010-11

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

For Appellant: Shri Salil AgarwalFor Respondent: Shri H. K. Choudhary, CIT DR
Section 143Section 147Section 54Section 54E

…ision of the honourable Supreme Court in case of Asst Commissioner of income tax versus Rajesh Jhaveri stockbrokers private limited (2007) 291 ITR 500 (SC) and Deputy Commissioner Of Income Tax Versus Zuari EState Development And Investment Company Ltd (2015) 373 ITR 661 (SC). It can also not be a case that the assessing officer can reopen the assessment for whatever reason is preposterous. Further merely because no assessment is made u/s 143 (3) of the act in case of an assessee it does not give the assessing officer carte blanche to issue reopening notice. Therefore in the cases, where the return is only proces…

Naveen Infradevelopers & Engineers Pvt Ltd, New Delhi vs. DCIT Circle-17(2), New Delhi

In the result, appeal filed by the assessee is partly allowed

ITA 275/DEL/2020[2011-12]Status: DisposedITAT Delhi31 May 2021AY 2011-12

Bench: Shri Amit Shukla & Shri Prashant Maharishi(Through Video Conferencing) Naveen Infradevelopers & Vs. Dcit, Engineers Pvt. Ltd, Circle-17(2), Sardar Patel Marg, New Delhi Diplomatic Enclave, New Delhi Pan: Aadcn2121M (Appellant) (Respondent)

For Appellant: Shri Rakesh Joshi, AdvFor Respondent: Ms. Paramita M. Viswas, CIT DR
Section 131Section 143Section 147Section 148Section 234ASection 250(6)Section 271Section 68

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “E”: NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER (Through Video Conferencing) Naveen Infradevelopers & Vs. DCIT, Engineers Pvt. Ltd, Circle-17(2), Sardar Patel Marg, New Delhi Diplomatic Enclave, New Delhi PAN: AADCN2121M (Appellant) (Respondent) Assessee by : Shri Rakesh Joshi, Adv Revenue by: Ms. Paramita M. Viswas, CIT DR Date of Hearing 07/04/2021 Date of pronouncement 31/05/2021 O R D E R PER PRASHANT MAHARISHI, A. M. 1. This appeal is filed by the assessee against the order (the impugned order) passed by The Co…

M/S. Exim India Oil Company Ltd, Cuttack vs. DCIT, Cuttack

In the result, appeal of the assessee is allowed

ITA 57/CTK/2008[2001-02]Status: DisposedITAT Cuttack10 May 2021AY 2001-02
For Appellant: Shri B.K.Tibrewal,, ARFor Respondent: Shri M.K.Gautam, CIT DR
Section 147Section 154Section 43B

…a case provisions of section 150 were attracted, no limitation of time is applied as provided under section 149 of the Act. Ld CIT DR also referred to the decision of Hon’ble Supreme Court in the case of DCIT Vs. Zuari Estate Development & Investment Co. Ltd, 373 ITR 661 (SC). P a g e 4 | 12 Assessment Year : 2001-02 8. The main bone of contention of ld CIT DR supporting the initiation of reassessment proceedings u/s.147 of the Act and issuance of notice u/s.148 of the Act are precisely as under: i) In a case where assessment has not been made u/s.143(3) of the Act and only an intimation u/s.143(1)(a) of the A…

Shri Kashmira Singh, Ferozepur vs. Deputy Commissioner of Income Tax Central Circle-1, Jalandhar

In the result of ITA no. 272/ASR/2019, all the appeals under consideration filed by the assessee stands allowed

ITA 275/ASR/2019[2011-12]Status: DisposedITAT Amritsar01 Jan 2020AY 2011-12

Bench: Sh. N.K.Choudhry & Dr. A.L.Sainiita Nos.272 & 273 /Asr/2019 Assessment Years: 2010-11&2011-12

For Appellant: Sh. Ashray Sarna (Ld. CA)For Respondent: Smt. Prabhjot Kaur (Ld. CIT-DR)
Section 132Section 143(1)Section 153Section 153ASection 2(22)(e)Section 250(6)

…Sh. Gurmeet Singh vs. DCIT ITA Nos.274 & 275/Asr/2019 Sh. Kashmira Singh vs. DCIT 12. While coming to the instant case, though the Ld. CIT DR also relied upon the judgment of apex Court in Dy. CIT Vs Zuari Estate Development and Investment Co. Ltd. [2015] 373 ITR 661 and submitted that any intimation issued u/s 143(1) cannot be considered as assessment, however it is a fact that in this case Income Tax Return filed by the assessee for the relevant assessment year: 2011- 12 has already been processed and completed on dated 17.04.2011 by the Revenue Department u/s 143(1) of the Act and it is not the case of the…

Shri Kashmir Singh, Ferozepur vs. Deputy Commissioner of Income Tax Central Circle-1, Jalandhar

In the result of ITA no. 272/ASR/2019, all the appeals under consideration filed by the assessee stands allowed

ITA 274/ASR/2019[2010-11]Status: DisposedITAT Amritsar01 Jan 2020AY 2010-11

Bench: Sh. N.K.Choudhry & Dr. A.L.Sainiita Nos.272 & 273 /Asr/2019 Assessment Years: 2010-11&2011-12

For Appellant: Sh. Ashray Sarna (Ld. CA)For Respondent: Smt. Prabhjot Kaur (Ld. CIT-DR)
Section 132Section 143(1)Section 153Section 153ASection 2(22)(e)Section 250(6)

…Sh. Gurmeet Singh vs. DCIT ITA Nos.274 & 275/Asr/2019 Sh. Kashmira Singh vs. DCIT 12. While coming to the instant case, though the Ld. CIT DR also relied upon the judgment of apex Court in Dy. CIT Vs Zuari Estate Development and Investment Co. Ltd. [2015] 373 ITR 661 and submitted that any intimation issued u/s 143(1) cannot be considered as assessment, however it is a fact that in this case Income Tax Return filed by the assessee for the relevant assessment year: 2011- 12 has already been processed and completed on dated 17.04.2011 by the Revenue Department u/s 143(1) of the Act and it is not the case of the…

Shri Gurmeet Singh, Ferozepur vs. Deputy Commissioner of Income Tax Central Circle-1, Jalandhar

In the result of ITA no. 272/ASR/2019, all the appeals under consideration filed by the assessee stands allowed

ITA 273/ASR/2019[2011-12]Status: DisposedITAT Amritsar01 Jan 2020AY 2011-12

Bench: Sh. N.K.Choudhry & Dr. A.L.Sainiita Nos.272 & 273 /Asr/2019 Assessment Years: 2010-11&2011-12

For Appellant: Sh. Ashray Sarna (Ld. CA)For Respondent: Smt. Prabhjot Kaur (Ld. CIT-DR)
Section 132Section 143(1)Section 153Section 153ASection 2(22)(e)Section 250(6)

…Sh. Gurmeet Singh vs. DCIT ITA Nos.274 & 275/Asr/2019 Sh. Kashmira Singh vs. DCIT 12. While coming to the instant case, though the Ld. CIT DR also relied upon the judgment of apex Court in Dy. CIT Vs Zuari Estate Development and Investment Co. Ltd. [2015] 373 ITR 661 and submitted that any intimation issued u/s 143(1) cannot be considered as assessment, however it is a fact that in this case Income Tax Return filed by the assessee for the relevant assessment year: 2011- 12 has already been processed and completed on dated 17.04.2011 by the Revenue Department u/s 143(1) of the Act and it is not the case of the…

Shri Gurmeet Singh, Ferozepur vs. Deputy Commissioner of Income Tax Central Circle-1, Jalandhar

In the result of ITA no. 272/ASR/2019, all the appeals under consideration filed by the assessee stands allowed

ITA 272/ASR/2019[2010-11]Status: DisposedITAT Amritsar01 Jan 2020AY 2010-11

Bench: Sh. N.K.Choudhry & Dr. A.L.Sainiita Nos.272 & 273 /Asr/2019 Assessment Years: 2010-11&2011-12

For Appellant: Sh. Ashray Sarna (Ld. CA)For Respondent: Smt. Prabhjot Kaur (Ld. CIT-DR)
Section 132Section 143(1)Section 153Section 153ASection 2(22)(e)Section 250(6)

…Sh. Gurmeet Singh vs. DCIT ITA Nos.274 & 275/Asr/2019 Sh. Kashmira Singh vs. DCIT 12. While coming to the instant case, though the Ld. CIT DR also relied upon the judgment of apex Court in Dy. CIT Vs Zuari Estate Development and Investment Co. Ltd. [2015] 373 ITR 661 and submitted that any intimation issued u/s 143(1) cannot be considered as assessment, however it is a fact that in this case Income Tax Return filed by the assessee for the relevant assessment year: 2011- 12 has already been processed and completed on dated 17.04.2011 by the Revenue Department u/s 143(1) of the Act and it is not the case of the…

Smt. Manju Mittal, Feroze Pur Cantt vs. Dy. Commissioner of Income Vtax Central Circle-1, Jalandhar

In the result, the both the appeals filed by the assessee stands allowed

ITA 193/ASR/2019[2012-13]Status: DisposedITAT Amritsar01 Jan 2020AY 2012-13

Bench: Sh. N.K.Choudhry & Dr. A.L.Sainiassessment Year: 2012-13

For Appellant: Sh. Ashray Sarna (Ld. CA)For Respondent: Smt. Prabhjot Kaur (Ld. CIT- DR)
Section 132Section 143(1)Section 153Section 153(1)(a)Section 153ASection 2(22)Section 2(22)(e)Section 250(6)

…tfully followed . 7 ITA No.193/Asr/ 2019 (A.Y.2012-13) Smt. Manju Mittal vs. DCIT 11. While coming to the instant case, though the Ld. CIT DR also relied upon the judgment of apex Court in Dy. CIT Vs Zuari Estate Development and Investment Co. Ltd. [2015] 373 ITR 661 and submitted that any intimation issued u/s 143(1) cannot be considered as assessment, however it is a fact that in this case Income Tax Return filed by the assessee for the relevant assessment year: 2011- 12 has already been processed and completed on 23.03.3013 by the Revenue Department u/s 143(1) of the Act and it is not the case of the Reven…

Sh. Arun Narula, Amritsar vs. Dy. Commissioner of Income Tax Central Circle, Amritsar

In the result, the both the appeals filed by the assessee stands allowed

ITA 128/ASR/2019[2011-12]Status: DisposedITAT Amritsar01 Jan 2020AY 2011-12

Bench: Sh. N.K.Choudhry & Dr. A.L.Saini

For Appellant: Sh. Ashray Sarna (Ld. CA)For Respondent: Smt. Prabhjot Kaur (Ld. CIT- DR)
Section 132(1)Section 143(1)Section 153ASection 250(6)Section 68

…he judgments which favours the assessee are required to the respectfully followed . 10.5 While coming to the instant case, though the Ld. CIT DR also relied upon the judgment of apex Court in Dy. CIT Vs Zuari Estate Development and Investment Co. Ltd. [2015] 373 ITR 661 and submitted that any intimation issued u/s 143(1) cannot be considered as assessment, however it is a fact that in this case Income Tax Return filed by the assessee for the relevant assessment year: 2011- 12 has been processed and completed on 23.12.2011 by the Revenue Department u/s 143(1) of the Act and it is not the case of the Revenue Depar…

Sh.Arun Narula, Amritsar vs. Dy Commissioner of Income Tax Central Circle, Amritsar

In the result, the both the appeals filed by the assessee stands allowed

ITA 127/ASR/2019[2010-11]Status: DisposedITAT Amritsar01 Jan 2020AY 2010-11

Bench: Sh. N.K.Choudhry & Dr. A.L.Saini

For Appellant: Sh. Ashray Sarna (Ld. CA)For Respondent: Smt. Prabhjot Kaur (Ld. CIT- DR)
Section 132(1)Section 143(1)Section 153ASection 250(6)Section 68

…he judgments which favours the assessee are required to the respectfully followed . 10.5 While coming to the instant case, though the Ld. CIT DR also relied upon the judgment of apex Court in Dy. CIT Vs Zuari Estate Development and Investment Co. Ltd. [2015] 373 ITR 661 and submitted that any intimation issued u/s 143(1) cannot be considered as assessment, however it is a fact that in this case Income Tax Return filed by the assessee for the relevant assessment year: 2011- 12 has been processed and completed on 23.12.2011 by the Revenue Department u/s 143(1) of the Act and it is not the case of the Revenue Depar…

ACIT, New Delhi vs. Sh. Ravi Sharma, New Delhi

In the result, the appeal of the Revenue in ITA No

ITA 4930/DEL/2016[2007-08]Status: DisposedITAT Delhi31 Oct 2019AY 2007-08

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble[A.Y 2007-08]

For Appellant: Shri Kapil Goel, AdvFor Respondent: Shri Surendra Pal, Sr. DR
Section 143(3)Section 147Section 148Section 2(22)(e)

…1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘F’ BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER [A.Y 2007-08] The A.C.I.T Vs. Shri Ravi Sharma Circle – 50(1) 13/30, Infotech House New Delhi G.L. Sikka Marg, East Patel Nagar New Delhi PAN: ABKPS 7088 K (Applicant) (Respondent) Assessee By : Shri Kapil Goel, Adv Department By : Shri Surendra Pal, Sr. DR Date of Hearing : 30.10.2019 Date of Pronouncement : 31.10.2019 ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, This appeal by the Revenue is preferred against the order of the Commissioner of Incom…

Deputy Commissioner of Income-Tax, Pune vs. M/S. Seco Tools India Pvt. Ltd., Pune

In the result, the Cross Objections of assessee are allowed and appeals of Revenue are dismissed

ITA 813/PUN/2017[2003-04]Status: DisposedITAT Pune01 Aug 2019AY 2003-04

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.812 & 813/Pun/2017 यििाारण वषा / Assessment Years : 2002-03 & 2003-04

For Appellant: Shri Nikhil PathakFor Respondent: Shri Sudhendu Das
Section 143(1)Section 143(3)Section 147Section 148Section 36(1)(iii)

…Authorized Representative for the assessee also pointed out that CIT(A) had relied on decision in the case of ITA Nos.812 & 813/PUN/2017 4 CO Nos.30 & 31/PUN/2018 M/s. Seco Tools India Pvt. Ltd. DCIT Vs. Zuari Estate Development & Investment Co. Ltd. (2015) 373 ITR 661 (SC) which was against the assessee. It was also further pointed out by him that the said decision of DCIT Vs. Zuari Estate Development & Investment Co. Ltd. (supra) has been taken note of in DDIT(IT) Vs. Sandvik AB (supra) and the decision has been given after relying on other decisions on the issue. 5. The learned Departmental Representative f…

Rina S. Mehta, Mumbai vs. DCIT CC 4(1), Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 3120/MUM/2015[1995-96]Status: DisposedITAT Mumbai17 Jul 2019AY 1995-96

Bench: Shri Sandeep Gosain & Shri Rajesh Kumarassessment Year: 1995-96

For Appellant: Shri Dharmesh Shah, A.RFor Respondent: Dr. P. Daniel, (Spl. Counsel for Deptt.)
Section 144Section 147Section 234ASection 234B

…has not complied with the notice issued under section 148 of the Act by filing in return of income and in defence of argument the Ld. D.R. relied on the decisions of Hon’ble Supreme Court in the case of DCIT vs. Zuari Estate Development & Investment Co. Ltd. (373 ITR 661). 12. In the rebuttal, the Ld. A.R. of the assessee submitted that the reopening provisions not be invoked and AO can not assume jurisdiction under section 147 of the Act merely because the assessee has not filed the return of income and in such cases the AO is well within its right to complete the assessment under section 144 of the Act. The Ld…

DCIT, Central Circle - 2(1), Kolkata vs. M/S. Kakrania Properties Pvt. Ltd., Kolkata

In the result, the both appeals of Revenue are dismissed and cross objections of Assessee are also dismissed being infructuous

ITA 2144/KOL/2017[2009-10]Status: DisposedITAT Kolkata04 Jun 2019AY 2009-10

Bench: Shri A.T. Varkey, J.M. & Dr.A.L.Saini, A.M.) Asstt. Year : 2009-10 Dcit, C.C -2(1), Kolkata Vs M/S. Kakrania Properties Pvt. Ltd Pan: Aadck 6121C ( Department ) (Respondent) C.O No. 91/Kol/2017 [Ita No. 2144/Kol/2017 A.Y : 2009-10] M/S. Kankaria Properties Pvt. Ltd Vs Dcit, C.C -2(1), Kolkata Pan: Aadck 6121C ( Cross Objector ) ( Department ) Asstt. Year : 2009-10 Acit, C.C -2(1), Kolkata Vs M/S. Liza Vincom Pvt. Ltd Pan: Aaacl-5419R Department. (Respondent) C.O No. 90/Kol/2017 [Ita No. 2145/Kol/2017 A.Y : 2009-10] M/S. Liza Vincom Pvt. Ltd Vs Acit, C.C -2(1), Kolkata Pan: Aaacl-5419R ( Cross Objector ) ( Department )

For Appellant: S/Shri R.P. Agarwal, Sr.AdvocateFor Respondent: Shri C.J. Singh, JCIT, ld.Sr.DR
Section 143(3)Section 147Section 148Section 151Section 43(1)(a)Section 68

…intimation, no opinion is expressed and the return is merely accepted as it is. Delhi High Court referred to decisions of Supreme Court in ACIT Vs. Rajesh Zaveri Stock Brokers (P) Ltd. 291 ITR 500 SC and DCIT Vs. Zuari Estate Development & Investment Co. Ltd. 373 ITR 661 (SC). In para-37 of its order the Court in the case of Indu Lata Rangwala (supra) refused to express any opinion on the question whether fresh material is required for forming believe regarding escapement of income. ITA No.2144/K/17 & CO No. 91/K/17 A.Y 2009-10 ITA No.2145/K/17 & CO No. 90/K/17 A.Y 2009-10 In the cases of Kakrania Properties…

Sushil Bansal, New Delhi vs. ACIT, Circle- 57(1), New Delhi

In the result, the appeal is dismissed

ITA 4441/DEL/2017[2013-14]Status: DisposedITAT Delhi23 Oct 2018AY 2013-14

Bench: : Shri Amit Shukla & Shri L.P. Sahuassessment Year: 2013-14

Section 132Section 147Section 148Section 151Section 69C

…order). In view of the discussion above the facts of the case in G&G Pharma India Ltd. are completely different from the facts of this case. Considering the decision of Rajcsh Jhaveri Stock Brokers (P) Ltd.,& Zuari Estates Development Industrial Co. Pvt. Ltd. 373 ITR 661 (SC)\, the Assessing Officer had a prima facie case and reason to believe that income has escaped assessment. The reasons were recorded after going through the various documents & record of students and corroborated statement of chairman of the Santosh Group. In fact clause “ to Explanation 2 to section 147 creates a deeming fiction in respect of…

ITO 6(3)(2), Mumbai vs. Indo Energy International Ltd, Mumbai

In the result, the Revenue’s appeal and the assessee’s cross objection are allowed for statistical purposes

ITA 523/MUM/2016[2009-10]Status: DisposedITAT Mumbai19 Sept 2018AY 2009-10

Bench: Shri Shamim Yahya, Am & Shri Ram Lal Negi, Jm

For Respondent: Shri Jitendra Jain
Section 147Section 148Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL “I” BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, AM AND SHRI RAM LAL NEGI, JM I.T.A. No. 523/Mum/2016 (Assessment Year: 2009-10) ITO-6(3)(2) M/s. Indo Energy International Ltd. R. No. 503, 5th Floor, Aaykar Bhavan, J. V. House, 2nd 1, D. S. Babrekar Vs. M. K. Road, Mumbai-20 Marg, Mumbai-400 028 PAN/GIR No. AABCI 1739 A (Revenue) : (Assessee) & C.O. No. 234/Mum/2017 (Arising out of ITA No.523/Mum/2016) (Assessment Year: 2009-10) M/s. Indo Energy International Ltd. ITO-6(3)(2) Vs. Mumbai-400 028 Bhavan, M. K. Road, Mumbai-20 PAN/GIR No. AABCI 1739 A (Assessee) : (Revenue) : Shri Ana…